Loading...

Jumptopia Liability and Consent Waiver

PARTICIPANT AGREEMENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY, INDEMNITY & PARENT/GUARDIAN CONSENT IMPORTANT LEGAL DOCUMENT - PLEASE READ CAREFULLY BEFORE SIGNING Facility: Jumptopia indoor inflatable/jump-house facility, Chico, California (the “Facility”). Operator legal name: Jumptopia LLC NOTICE: This Agreement affects legal rights. It includes an assumption of risk, a release of claims (including claims based on ordinary negligence to the fullest extent permitted by California law), an indemnity/hold-harmless provision, emergency medical authorization, and other important terms. It does not waive liability that cannot lawfully be waived.

1. PARTICIPANTS AND AUTHORITY TO SIGN I am at least 18 years old. I am signing for myself and, where applicable, as the parent, legal guardian, or adult with legal authority to sign for each minor participant listed with this Agreement (each a “Participant”). I represent that the information I provide is accurate and that I have authority to enter into this Agreement for each listed minor. I agree to explain the Facility rules and age-appropriate risks to each minor and to require each minor to follow staff instructions and posted rules.

2. ACTIVITIES COVERED This Agreement applies to entry into, presence at, observation of, and participation in any activity at or associated with Jumptopia, including inflatable bounce houses, inflatable slides, obstacle courses, climbing or crawling features, soft-play areas, toddler areas, games, party areas, seating/waiting areas, walkways, entrances/exits, special events, birthday parties, and any other recreational equipment or activity offered at the Facility (collectively, the “Activities”). It applies whether the Participant is actively playing, waiting, walking, supervising, photographing, or observing.

3. ACKNOWLEDGMENT OF INHERENT AND OTHER RISKS I understand that indoor inflatable recreation involves inherent and other risks that cannot be completely eliminated without changing the nature of the Activities. Risks include, without limitation: slips, trips and falls; awkward or uncontrolled landings; bouncing or being propelled unexpectedly; collisions with other Participants, walls, floors, nets, padding, inflatable surfaces, equipment, furniture or structures; participants falling on or striking one another; crowding; differences in participant size, age, speed, skill or behavior; equipment movement, deflation or malfunction; entering or exiting inflatables; climbing, sliding, crawling or running; reduced visibility; fatigue, overexertion, dehydration or overheating; allergic reactions; exposure to germs or communicable illness; and acts or omissions of other guests. Possible injuries include cuts, abrasions, bruises, sprains, strains, dislocations, fractures, dental or facial injuries, eye injuries, head injuries, concussion, neck or back injuries, spinal injury, paralysis, internal injury, emotional injury, illness, disability, and, in rare circumstances, death. I understand that injuries can occur even when rules are followed and even when staff are present.

4. HEALTH AND FITNESS TO PARTICIPATE I represent that each Participant is physically and medically able to participate safely. A Participant must not participate when ill, feverish, under the influence of alcohol or drugs, or when a medical condition, recent surgery/injury, pregnancy, heart/lung condition, seizure disorder, significant neck/back condition, or other condition makes participation unsafe unless cleared by an appropriate medical professional. I understand Jumptopia staff are not responsible for evaluating a Participant’s medical fitness and may restrict participation when staff reasonably believe participation is unsafe.

5. SAFETY RULES AND PARENT/GUARDIAN RESPONSIBILITY • Follow all posted rules, verbal instructions, capacity limits, age/height/weight restrictions, and directions from Jumptopia staff. • Use each inflatable or play feature only as intended. No flips, somersaults, roughhousing, wrestling, pushing, tackling, intentional collisions, climbing on exterior walls/netting, or other unsafe conduct unless a specific activity is designed and expressly permitted for it. • Enter and exit only at designated points. Do not jump onto or off equipment from unintended areas. • Keep food, drinks, gum, sharp objects, jewelry or other hazardous items out of play areas as directed. Wear required socks or other required attire/equipment. • Do not participate beyond your own ability, and stop immediately if you feel pain, dizziness, shortness of breath, weakness, or other concerning symptoms. • Parents/guardians remain responsible for the behavior and supervision of their children. Jumptopia staff supervise the Facility generally for operations and rule enforcement; staff are not personal babysitters and cannot continuously observe every Participant. • Immediately report unsafe conditions, damaged equipment, injuries, bullying, dangerous conduct, or rule violations to staff. • Jumptopia may remove or restrict any Participant for unsafe behavior, failure to follow rules, or conduct that creates a risk to others, without guaranteeing a refund.

6. VOLUNTARY ASSUMPTION OF RISK I voluntarily choose for myself and/or each minor Participant to enter the Facility and participate in the Activities. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS OF INJURY, ILLNESS, PROPERTY DAMAGE, DISABILITY OR DEATH arising from or related to the Activities or presence at the Facility, including known and unknown risks and risks arising from the ordinary negligence of the Released Parties, to the fullest extent permitted by law.

7. RELEASE AND WAIVER OF LIABILITY To the fullest extent permitted by California law, I, for myself and on behalf of each minor Participant and our respective heirs, estate, representatives, successors and assigns, RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Jumptopia; its legal owner/operator; parent, subsidiary and affiliated entities; landlords and premises owners; equipment owners/lessors; manufacturers only to the extent legally waivable; officers, members, managers, directors, employees, agents, contractors, volunteers, insurers, successors and assigns (collectively, the “Released Parties”) for claims arising out of or related to entry into or use of the Facility or participation in the Activities, including claims alleging ORDINARY NEGLIGENCE, negligent supervision, negligent instruction, failure to warn, or ordinary premises-related negligence, to the fullest extent permitted by law. This release is intended to be broad but is not intended to release claims that California law does not permit to be released, including liability for gross negligence, reckless or intentional misconduct, fraud, or other non-waivable liability.

8. INDEMNITY AND HOLD HARMLESS To the fullest extent permitted by law, I agree to defend, indemnify and hold harmless the Released Parties from claims, demands, losses, liabilities, damages, judgments, costs and reasonable attorneys’ fees arising from (a) my or a Participant’s violation of Facility rules; (b) intentional, reckless, or negligent acts by me or a Participant that injure another person or damage property; or (c) claims asserted by or through a Participant to the extent such indemnity is enforceable under applicable law. This provision is not intended to require indemnification for conduct that cannot lawfully be shifted to me.

9. MEDICAL CARE AND EMERGENCY AUTHORIZATION If a Participant becomes ill or injured, I authorize Jumptopia to provide reasonable first aid and to contact emergency medical services. If I am unavailable, I authorize emergency transport and treatment reasonably considered necessary. I understand Jumptopia does not guarantee the availability or outcome of medical care. I accept financial responsibility for medical, ambulance, hospital, physician and related expenses incurred for me or a Participant, except to the extent another party is legally responsible and such responsibility cannot be waived.

10. PERSONAL PROPERTY I am responsible for personal property brought to the Facility. To the fullest extent permitted by law, Jumptopia is not responsible for lost, stolen, misplaced or damaged personal property unless caused by conduct for which liability cannot legally be waived.

11. COMMUNICABLE ILLNESS I understand that being in a public indoor recreation facility may involve exposure to communicable illnesses. I agree not to enter or allow a Participant to enter when experiencing a contagious illness or symptoms that create an unreasonable risk to others, and I agree to follow any then-current health and sanitation rules posted by Jumptopia. I voluntarily assume ordinary risks of communicable-disease exposure associated with attendance, to the fullest extent permitted by law.

12. ELECTRONIC COMMUNICATIONS - SEPARATE OPTIONAL CONSENT Marketing consent is OPTIONAL and separate from this liability waiver.

Message/data rates may apply; consent is not required to purchase admission. Contact preferences may be changed using the unsubscribe/opt-out method provided in the message.

13. CALIFORNIA LAW; SEVERABILITY; ENTIRE AGREEMENT This Agreement is governed by California law. If any provision is found invalid or unenforceable, it shall be enforced to the maximum extent permitted and the remaining provisions shall remain in effect. This Agreement is the entire agreement concerning the subjects addressed here and may not be orally modified by Facility staff.

14. UNKNOWN CLAIMS - CALIFORNIA CIVIL CODE SECTION 1542 To the extent legally applicable to claims that may be released by this Agreement, I understand that California Civil Code section 1542 generally protects a releasing party from unintentionally releasing certain claims that are unknown or unsuspected at the time of the release. I knowingly waive that protection only to the extent permitted by law for claims within the lawful scope of this Agreement.

15. BINDING ARBITRATION AND WAIVER OF JURY TRIAL PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS THE RIGHT TO GO TO COURT AND HAVE A JURY DECIDE A DISPUTE. To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to this Agreement, a Participant's entry into or presence at the Facility, participation in the Activities, or the interpretation, applicability, enforceability, or formation of this Agreement (a "Dispute") shall be resolved by binding arbitration rather than by a lawsuit in court, except for a claim that applicable law requires to remain in court or otherwise prohibits from being arbitrated. The arbitration shall take place in the California county in which the Jumptopia Facility is located, unless the parties agree otherwise in writing, and shall be conducted by a single neutral arbitrator under a mutually applicable consumer arbitration process selected or approved by Jumptopia's California counsel. BY AGREEING TO ARBITRATION, I UNDERSTAND THAT I AND JUMPTOPIA ARE WAIVING THE RIGHT TO HAVE A COVERED DISPUTE DECIDED BY A JUDGE OR JURY IN COURT, EXCEPT TO THE EXTENT SUCH A WAIVER IS NOT PERMITTED BY LAW. The arbitrator may award the same individual remedies that would be available in court to the extent allowed by applicable law, and any arbitration award may be entered as a judgment in a court of competent jurisdiction. This arbitration provision is intended to be mutual and severable. If any portion is found unenforceable, the remainder shall be enforced to the fullest extent permitted by law unless the unenforceable portion defeats the essential purpose of the arbitration agreement. Nothing in this section is intended to eliminate rights or remedies that cannot lawfully be waived, restrict access to legally required public injunctive relief, or alter any special protections applicable to minors. JUMPTOPIA SHOULD HAVE CALIFORNIA COUNSEL APPROVE THE FINAL ARBITRATION PROVIDER, RULES, COST ALLOCATION, VENUE, AND MINOR-PARTICIPANT LANGUAGE BEFORE THIS SECTION IS USED WITH CUSTOMERS.

16. DURATION Unless Jumptopia specifies a shorter period in its waiver system, this Agreement applies to each visit by the listed Participant(s) for twelve (12) months from the signature date. Jumptopia may require a new waiver after material changes to its activities, rules, ownership, insurance requirements, or this Agreement.

17. ACKNOWLEDGMENT I HAVE READ THIS AGREEMENT. I UNDERSTAND THAT IT AFFECTS IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO BRING CERTAIN CLAIMS FOR ORDINARY NEGLIGENCE. I SIGN IT KNOWINGLY AND VOLUNTARILY AND HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS BEFORE SIGNING. ARBITRATION / JURY-WAIVER ACKNOWLEDGMENT: Before signing I specifically acknowledge that I have read Section 16 and understand that, to the extent enforceable, covered disputes will be resolved by binding arbitration rather than by a judge or jury in court.

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email
Check to receive information, news, and discounts by e-mail.
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Electronic Communications - Separate Consent
Marketing consent is optional and separate from this liability waiver. By selecting a box I either agree or don't agree to receive promotional emails*
Yes, I agree
No, I do not agree
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!